The Claims Review - Issue 15, March 2006

Welcome to edition 15 of the Claims Review. ITIC regularly publishes this digest of cases that have been handled by the Club. Our aim is to assist you to identify potential areas of risk. We hope therefore that these examples will gain a wide circulation in your offices. We are also ending this edition by marking the retirement of Mr. Tony Payne, the Managing Director of ITIM Co. Ltd., the managers of ITIC.

Tony Payne, ITIM’s managing director, is retiring at the end of March 2006. Tony started life as a ship agent in both Singapore and Jeddah, which uniquely qualified him to manage a Club whose membership includes most of the...

ITIC is always available to give a practical view of documents that you are asked to sign. ITIC will shortly be circulating a Guide to Ship Agency Contracts and a Guide to Ship Management Contracts. ITIC regularly review a wide...

In the previous section, one of the claims arose because the insurance policy excluded Cuba. Territorial exclusions in charterparties regularly give rise to claims against shipbrokers and managers. A pool manager fixed a ship...

One of the duties undertaken by ship managers is to arrange insurances. Shipman 98 provides that this shall be “on such terms and conditions as the owners shall have instructed or agreed, in particular regarding conditions,...

There has been a rise in the regulatory burden facing all those in the marine industry. This pattern is likely to continue. Often the practical task of ensuring compliance falls on the ship agent and regulators are increasingly...

A naval architect was appointed to oversee the design and build of a cradle to be used for the “slipping” of a floating restaurant out of the water for routine maintenance. The wheels of the cradle collapsed whilst the vessel was...

A ship agent in the Far East was approached by an owner asking for details of the maximum draft at a jetty at the port. The person in the agent’s office who usually dealt with calls at the jetty had recently left the agent’s...

ITIC has assisted a shipbroker to obtain, what we believe, is the first arrest of a ship in a Commonwealth law jurisdiction for unpaid commission. The shipbroker had commenced London arbitration proceedings in accordance with the...

Ship agents based in South America found themselves being pursued by owners of a ship that they had never represented. The claim was for legal costs that those owners incurred for filing a response to legal proceedings issued by...